Abstract

In a judgement handed down in an exception application in the matter of I O Tech Manufacturing (Pty) Ltd And 3 Others v Gallagher Group Limited and Another (96/6799) [2013] (August 15 2013) (I O Tech/Nemtek), the Court of the Commissioner of Patents provided a firm view on whether a culpable, false and material misrepresentation on a declaration lodged in respect of an application for a patent is a ground for invalidity of a patent, even under circumstances where the patent specification was amended or where an amendment was sought to the original patent application.